High Court of DelhiARB.P./605/2015

Magnaquest Technologies Ltd. v. Tripleplay Interactive Network Pvt. Ltd.

2016-04-25Hon'Ble Mr. Justice Manmohan Singh2 pages

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P.605/2015 MAGNAQUEST TECHNOLOGIES LTD.

. .... Petitioner Through Mr.Gautam Kumar, Adv.

versus TRIPLEPLA Y INTERACTIVE NETWORK PVT. LTD .

..... Respondent Through Mr.S.V. Vats, Adv. with Mr.P.

Ramesh, Adv.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN SINGH

ORDER

25.04.2016 The present petition has been filed by the petitioner under Section 11 (5) read with Section 11 (6) of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator.

Reply has been filed. Rejoinder is not filed. Learned counsel for the respondent, upon instructions, submits that the respondent has no objection if the sole Arbitrator be appointed to adjudicate the disputes between the , parties. He further submits that the respondent wishes to raise counter , '

claims against the petitioner and the same would be raised before the learned Arbitrator.

With the consent of the parties, the prayer made in the petition is allowed. Mr. Justice Anil Kumar, Retd. Judge of this Court, (Mobile No. 9818000140), B-33, Panchsheel Enclave, New Delhi -110017 is appointed as sole Arbitrator to adjudicate the disputes arising out of the agreement in By:AMULYA

question between the parties as mentioned in the present petition. The parties are also allowed to file their respective claims and counter-claims before the Arbitrator within two weeks. Liberty is granted to the respondent to raise all the grounds as mentioned in the reply to the petition. The Arbitrator shall file the affidavit of "no conflict or interest". The arbitration shall take place under the aegis of Delhi International Arbitration Centre ('DAC'). The Arbitrator shall ensure the compliance of the provisions of Arbitration and Conciliation (Amendment) Act, 2015 before commencing the arbitration. The fees of the learned Arbitrator shall be in terms of the Delhi International Arbitration Centre (Administrative Cost Arbitrator's Fees) Rules. The parties to appear before the Centre on 11th May, 2016 for directions.

The petition is accordingly disposed of.

Copy of this order be given dasti to the learned counsel for the parties and a copy thereof be delivered to the learned Arbitrator as well as Additional Coordinator, DAC forthwith.

APRIL 25, 2016/jk